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HAC v. UNIVERSITY OF HAWAI`I

No. 22357.

73 P.3d 46 (2003)

102 Hawai`i 92

Anna HAC, Plaintiff-Appellant, v. UNIVERSITY OF Hawai`i; Paul Yuen; Shu Lin; Bharat Kinariwala; N. Thomas Gaarder; James Holm-Kennedy; Frank Koide; Anthony Kuh; David Yun and Kazutoshi Najita, Defendant-Appellees.

Supreme Court of Hawai`i.

July 17, 2003.

Attorney(s) appearing for the Case

Carl H. Osaki, Honolulu, on the briefs, for plaintiff-appellant.

Kathleen N.A. Watanabe and Sarah R. Hirakami, Deputy Attorneys General, State of Hawai`i, on the briefs, for defendants-appellees.

ACOBA, J. and Circuit Judge HIFO, Assigned by Reason of Vacancy, Joining in Parts I-V, VII-VIII and Concurring Separately as to Part VI; With LEVINSON, J., Concurring Separately as to parts IV and V and Joining In Parts I-III and VI-VIII; and MOON, C.J., Concurring in Part and Dissenting in Part, joined by NAKAYAMA, J.

Opinion of the Court by ACOBA, J. as to Parts I, II, III, VII, and VIII and Announcing the Judgment of the Court as to Parts IV, V, and VI.

We hold that the circuit court of the first circuit (the court)1 did not abuse its discretion in (1) denying a motion to compel discovery by Plaintiff-Appellant Anna Hac (Plaintiff) without prejudice and providing her an opportunity to tailor her discovery request or re-file her motion, and (2) granting...

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